Psychological analysis of child witness testimony
DOI:
https://doi.org/10.34117/bjdv10n4-051Keywords:
child witness, witness testimony, psychologyAbstract
Purpose of the study: Because children's own perception, memory and expressive powers differ significantly from those of adults, resulting in a difference between child and adult witnesses, the debate on the competence of the child as a witness has shifted to a judgement on the reliability of the child's testimony in the context of the development of psycho-cognitive science. Methodology: The physiological and psychological characteristics of child witnesses determine their deficiencies in the encoding, storage and extraction of memory information, and therefore the reliability of child testimonies is a key and difficult issue. For this reason, this paper uses documentary analysis to further analyse child witness testimony as the focus of the study. Main Findings: A psychological analysis of the multiple factors that affect the reliability of children's testimony. Two conclusions are drawn: 1. Children are in principle competent to testify. The development of children's testimonial competence leads to the conclusion that even very young children can remember events that happened long ago, especially if they already have prior knowledge about them. 2. Practical guidance for improving the truthfulness of the content of child witness statements improves the reliability of child witness testimony. Children can be influenced in a variety of ways to recount detailed and complete accounts of events that did not occur, such that professionals are unable to distinguish between false and truthful accounts. Perhaps the next step is to improve "questioning techniques". Novelty of the study: Correct and reliable witness testimony is key to the investigation and trial process. The importance of child witness testimony has become increasingly apparent in recent years as the number of cases involving children has increased. This issue has previously only been the focus of jurists, and this study analyses it from a psychological perspective, laying the groundwork for subsequent research in law and psychology.
References
ANGELA D. MOORE,2016. False Memories and Young Child Witnesses,New Criminal Law Review.
BLEWER ROBYN, 2020. Testing the Law and Testing a Child’s Evidence: Nineteenth-Century Corroboration Reforms and Child Witness Testimony[J]. Australian Historical Studies,51(3).
BRUBACHER,S. P.,POOLE,D. A.,et al,2015. The Use of Ground Rules in Investigative Interviews with Children:A Synthesis and Call for Research, Developmental Review.
CUI YAQIONG,2018.A preliminary study on the system of out-of-court testimony of child witnesses in criminal cases. Juvenile Crime. (05):61-68.
DAI ZIJUN,2022.A comparative study of foreign methods of interviewing underage victims and its inspiration. Chinese Youth Social Science,41(02):123-131.DOI:10.16034/j.cnki.10-1318/c.2022.02.014.
DICKINSON JASON J.,LYTLE NICOLE E. 2022. Recommendations for improving the reliability of fresh complaint testimony in child witness investigations. Journal of Applied Research in Memory and Cognition, 11(3).
ERMAĞAN ÇAĞLAR Eda,KOCABAŞOĞLU Neşe, 2019. Adults Impact on the Reliability and Suggestibility of Children’s Eyewitness Testimony[J]. PRIZREN SOCIAL SCIENCE JOURNAL,3(3).
GUO, Yueyue, 2021. Rethinking the review focus of children's testimony and the relevance rule. Evidence Science, 29(06) : 735-745.
HE XIAOFANG,Ren Yantao,2017.A review of factors influencing the reliability of child witness testimony. Journal of Liaoning Public Security and Judicial Management Cadre College. (04):92-95.
HUANG Biling,2017.Understanding children's cognitive development,accompanying children's healthy growth-Family education based on Piaget's theory of cognitive development stages. Modern Vocational Education,(15):60-61.
LI, Shuqing, 2022. Study on the rule of reinforcing the probative power of children's testimony in criminal proceedings. Huazhong Normal University. DOI:10.27159/d.cnki.ghzsu.2022.000047.
LIU, Xiaowei, 2022. Study on the system of minor victims' testimony. Shanghai Normal University. DOI:10.27312/d.cnki.gshsu.2022.001428.
Science - Social Science,2020. University of Northampton Researchers Describe Findings in Social Science (Adults Impact on the Reliability and Suggestibility of Children's Eyewitness Testimony). Science Letter.
SHI Yan,2017.The review and determination of child witness testimony. Chinese prosecutor. (06):55-59.
SUN HU, 2021. Study on the evidence and admissibility of children's testimony in criminal proceedings in China [D]. Qingdao University. DOI:10.27262/d.cnki.gqdau.2021.000965.
WANG GUOSHUAI,2018. A psychological study on the standardization of child witness examination procedures. People's Public Security University of China.
WANG PING, 2016. Study on the credibility of children's testimony and its guarantee system. Yantai University.
WANG XIAOHUA,ZHOU ZIXING,2017.On the probative value of children's testimonies and the appearance of child witnesses in court. Juvenile delinquency. (04):28-35.
XIA YIFEN, 2021. Research on the Judgment of Reviewing Children's Testimony in Criminal Cases. Nanjing University. DOI:10.27235/d.cnki.gnjiu.2021.000378.
XU MINGYANG, 2019. Study on the review and judgment of children's verbal evidence in criminal proceedings. Nanjing University.
ZHANG SONGTAO,2018. Research on child witness testimony in the perspective of criminal litigation. People's Public Security University of China.
ZHANG XUEqing, 2021. Study on the system of child witnesses in criminal proceedings. Southwest University of Political Science and Law. DOI:10.27422/d.cnki.gxzfu.2021.000716.
ZHAO SHANSHAN, 2022. Research on the reform of child witness testimony model in China's criminal proceedings. Journal of China University of Political Science and Law, (04) : 230-241.
ZHENG JINGFANG, 2018. On the general principles of children's rights protection - an analysis of the United Nations Convention on the Rights of the Child as a text. Civil and Commercial Law Series,67(01):3-32.

